Evidence (144, 145, 146, 147, 149, 150, 151, 152, 153, 154, 155, 156, 157,-666)

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Keywords: Evidence
Total judgments found: 236

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• Judgment 2510

  
  100th Session, 2006
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The Tribunal has consistently held that it will not order the production of documents on the speculative basis that something might be found to further the complainant's case."

  Keywords:

  disclosure of evidence; evidence; further submissions; order; procedure before the tribunal; request by a party; submissions;
  

  
  
  

• Judgment 2507

  
  100th Session, 2006
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "Criticism of a subordinate's performance and behaviour, even in inappropriately strong language, does not, of itself, evidence harassment or prejudice. Certainly, that is so where [...] the performance and behaviour in question are confirmed by other senior and responsible officials. That being so, and there being no other evidence to support the complainant's claims, the allegations of harassment and prejudice must be rejected."

  Keywords:

  bias; conduct; different appraisals; evidence; harassment; moral injury; organisation's duties; performance report; respect for dignity; supervisor; work appraisal;
  

  
  
  

• Judgment 2494

  
  100th Session, 2006
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Eurocontrol contends that Mr R.'s complaint is time-barred because it was filed more than three months after the notification of the decision rejecting his internal complaint. However, the Agency has produced no evidence of the date on which that decision was effectively notified. Failing such evidence, which it is the Agency's responsibility to provide, that complaint must be regarded as having been filed in good time."

  Keywords:

  burden of proof; complaint; date of notification; decision; disclosure of evidence; evidence; internal appeal; lack of evidence; organisation's duties; receivability of the complaint; refusal; time bar; time limit;
  

  
  
  

• Judgment 2475

  
  99th Session, 2005
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  The complainant was dismissed on the grounds of misconduct following an investigation. "The procedure adopted in this case was clearly flawed in that the complainant was denied the opportunity to question any of the persons whose statements were used against him, evidence of little probative value was relied upon and, at least to some extent, he was required to prove his innocence instead of having the matters alleged proven against him. [...] It follows that the [...] decision [...] to dismiss the complainant must be set aside. The complainant shall be reinstated [...] and shall receive all arrears of salaries and other benefits; he must account for any earnings from other employment."

  Keywords:

  adversarial proceedings; breach; burden of proof; consequence; disciplinary measure; evidence; inquiry; investigation; lack of evidence; procedural flaw; reinstatement; serious misconduct; staff member's duties; termination of employment; testimony;
  

  
  
  

• Judgment 2471

  
  99th Session, 2005
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  As the Tribunal has said on several occasions, the complainant must provide evidence of the injury suffered and of a causal link between the alleged unlawful acts and that injury.

  Keywords:

  causal link; evidence; injury;
  

  
  
  

• Judgment 2457

  
  99th Session, 2005
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The Organisation contends that the claims for damages are irreceivable because they were put forward in this specific manner for the first time in the complaint. However, it appears from the submissions that the request concerning damages had in fact been made in the course of the internal appeal procedure, albeit only orally and in general terms. [...] The Tribunal therefore considers that, in accordance with the case law (see in particular Judgment 2360), the claims for damages are receivable."

  Reference(s)

  ILOAT Judgment(s): 2360
  

  Keywords:

  appraisal of evidence; breach; case law; claim; complaint; evidence; formal requirements; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; procedure before the tribunal; receivability of the complaint; request by a party;
  

  
  
  

• Judgment 2440

  
  99th Session, 2005
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 8-9

  Extract:

  An international organisation cannot presume that a staff member participated in industrial action, and withold part of his/her salary, if it does not have proof of his/her participation in the collective actions.

  Keywords:

  deduction; entitlement for service rendered; evidence; organisation's duties; participation; right to strike; salary; strike;
  

  
  
  

• Judgment 2427

  
  99th Session, 2005
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "According to the case law [...], the Tribunal is competent to review the lawfulness of any decision by the Director-General to terminate a staff member's probation. In particular, it may determine whether that decision is based on errors of fact or law, or whether essential facts have not been taken into consideration, or whether clearly mistaken conclusions have been drawn from the facts, or, lastly, whether there has been an abuse of authority. The Tribunal may not, however, replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service (see Judgment 318, considerations).
  Other cases mention, as further grounds on which the Tribunal will review such decisions, a formal or procedural flaw, or lack of due process (see, for example, Judgments 13, 687, 736, 1017, 1161, 1175, 1183 and 1246) which, it has been noted, must be substantial to invalidate an end-of-probation termination decision."

  Reference(s)

  ILOAT Judgment(s): 13, 318, 687, 736, 1017, 1161, 1175, 1183, 1246
  

  Keywords:

  abuse of power; case law; competence of tribunal; conduct; contract; decision; decision quashed; disregard of essential fact; evidence; executive head; fitness for international civil service; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; probationary period; procedural flaw; termination of employment; tribunal; work appraisal;
  

  
  
  

• Judgment 2362

  
  97th Session, 2004
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "By virtue of successive short-term contracts and extensions thereof, [the complainant's] service lasted for four years. The series of extensions and the grant of pension coverage and other benefits did not signify a change in her original status. Staff Rule 3.5(a) [...] cannot be invoked by her as proof that her appointment had been converted to fixed-term. While this provision ostensibly bestows on her 'the terms and conditions of a fixed-term appointment', it would be stretching the intent and signification of the provision to make the complainant a fixed-term official (see Judgment 1666). Had that been the purpose of the Rule, it would have explicitly so provided instead of stating that 'the terms and conditions of a fixed-term appointment [...] shall apply to [the official concerned]'. The complainant was recruited as a short-term official and remained one at all times."

  Reference(s)

  Organization rules reference: Staff Rule 3.5(a) of the Rules Governing Conditions of Service of Short-Term Officials
  ILOAT Judgment(s): 1666
  

  Keywords:

  amendment to the rules; commutation; contract; evidence; extension of contract; fixed-term; fringe benefits; fund membership; interpretation; official; period; provision; purpose; short-term; staff regulations and rules; status of complainant; successive contracts; terms of appointment; unjspf;
  

  
  
  

• Judgment 2324

  
  97th Session, 2004
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 10-11

  Extract:

  "[P]ursuant to Rule 5.3.01, only the Director General had authority to place the complainant on special leave with full pay [...] However, [...] it was the Director of Administration, not the Director-General, who wrote to the complainant and informed her that he was 'placing [her] on special leave with pay until further notice'. That letter contains no reference whatsoever to the Director General or to any discussions with the latter. And although, in her request for review, the complainant expressly contended that the Director of Administration had taken the decision in question, the Director-General did not say anything to the contrary in his reply. [...] That correspondence gives rise to the very strong inference that the decision was taken by the Director of Administration and not by the Director General."

  Reference(s)

  Organization rules reference: Interim Staff Rule 5.3.01
  
  

  Keywords:

  competence; decision; delegated authority; evidence; executive head; special leave;
  

  
  
  

• Judgment 2316

  
  96th Session, 2004
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 19-20

  Extract:

  The complainant wants to be granted her salary increment to step X retroactively. "The particular circumstances upon which the ITU relies to argue that the complainant should not be granted her step X increment are that the unsatisfactory nature of her services had already been documented prior to the report signed on 3 May 2002 and that she did not cooperate with the establishment of her periodic appraisals. It may at once be noted that the appraisal for the relevant period was not made in May 2002, but in November of that year. Further, and given the complainant's absence on sick leave at various times during the relevant appraisal periods, it is difficult to infer lack of cooperation on her part. However, and more to the point, the matters upon which the Union relies fall far short of establishing that it made a genuine effort to comply with its own procedures, and do not show that the complainant frustrated or sabotaged any such effort. That being so [...], those considerations cannot defeat the complainant's entitlement to her step X increment retroactively. The treatment of the complainant by the ITU is [...] unacceptable."

  Keywords:

  claim; complainant; date; evidence; increment; liability; organisation; organisation's duties; patere legem; performance report; period; procedure before the tribunal; request by a party; right; sick leave; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 2306

  
  96th Session, 2004
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 10-11

  Extract:

  "As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, an employee is entitled, in the case of wrongful termination, to salary and entitlements only up to the date on which the contract would normally have expired. Of course, in some circumstances, material damage may extend beyond the salary and allowances that would otherwise have been paid during the course of the contract. Thus, for example, an employee may be entitled to additional compensation if it is shown that he or she lost a valuable chance of having the contract renewed or extended."

  Keywords:

  abuse of power; allowance; amount; compensation; contract; evidence; exception; extension of contract; general principle; injury; limits; material damages; material injury; misuse of authority; official; reconstruction of career; right; salary; termination of employment;
  

  
  
  

• Judgment 2299

  
  96th Session, 2004
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant's application for the post of technically qualified member of a board of appeal was unsuccessful. "The complainant considers that he was discriminated against because the Selection Board did not grant him an interview. Obviously the Board decided that, in the light of the candidacies submitted, an interview would not be necessary because it considered that it made procedural sense not to call a candidate who, in its opinion, appeared to be unsuitable for the vacancy concerned, which does not preclude the possibility of comparing the merits of all the candidates in the event of a subsequent challenge."

  Keywords:

  bias; candidate; competition; evidence; post; procedure before the tribunal; selection board;
  

  
  
  

• Judgment 2296

  
  96th Session, 2004
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "There can be no doubt of the right of an international organisation to set obligatory rules for the conduct of its staff governing various aspects of their relations with their employer, and that this right includes the right to set reasonable limitation periods during which claims against the employer must be asserted. However, such rules must be published or otherwise made known to all the members of staff concerned in a way which can leave absolutely no doubt as to the nature and reach of the rule, and no doubt that it has been brought to the attention of all those to whom it applies. Even if the [Organization] had succeeded in showing that the tax reimbursement instructions had been given to the staff individually, which it has signally failed to do, it would also have to have shown that all others in like case had been similarly advised. Rules limiting the right to exercise a fundamental condition of employment applicable to all international civil servants are only permissible if they, too, are applicable to all."

  Keywords:

  enforcement; equal treatment; evidence; judicial review; limits; official; organisation's duties; payment; provision; publication; purport; reasonable time; refund; right; tax; terms of appointment; time limit;
  

  
  
  

• Judgment 2295

  
  96th Session, 2004
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "[I]t is not the role of the Tribunal to reweigh the evidence before the Joint Appeals Board which, as the primary trier of fact has had the benefit of actually seeing and hearing many of the persons involved, and of assessing the reliability of what they have said. For that reason the Board is entitled to considerable deference. [...] Where a body such as the Board has heard evidence and made findings of fact based on its appreciation thereof, the Tribunal will only interfere in the case of manifest error."

  Keywords:

  disregard of essential fact; evidence; internal appeals body; judicial review; limits; manifest error; mistake of fact; report; testimony;
  

  
  
  

• Judgment 2293

  
  96th Session, 2004
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 11-12

  Extract:

  "While there is no doubt whatever that the Organisation owes a duty of good faith to its staff - '[r]elations between an organisation and its staff must be governed by good faith' (see Judgment 2116) - bad faith must be proved and is never presumed. [...] Although to act in bad faith is always to mismanage, the reverse is not the case and honest mistakes or even sheer stupidity will not, without more, be enough. Bad faith requires an element of malice, ill will, improper motive, fraud or similar dishonest purpose."

  Reference(s)

  ILOAT Judgment(s): 2116
  

  Keywords:

  burden of proof; decision; evidence; good faith; lack of evidence; misconduct; organisation's duties; staff member's duties; working relations;
  

  
  
  

• Judgment 2254

  
  95th Session, 2003
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "According to firm precedent, before deciding a disciplinary sanction, an organisation should inform the person concerned that disciplinary proceedings have been initiated and should allow him ample opportunity to take part in adversarial proceedings, in the course of which he is given the opportunity to express his point of view, put forward evidence and participate in the processing of the evidence submitted in support of the charges against him. ... Failing a valid waiver on the part of the complainant of the adversarial proceedings provided for in the staff rules, the Director-General incorrectly based his decision on information that was not gathered in the context of adversarial proceedings guaranteeing the complainant's right to be heard. Since the complainant was not given the opportunity to put forward a proper defence, this fundamental flaw must cause the impugned decision to be set aside."

  Keywords:

  adversarial proceedings; appraisal of evidence; case law; disciplinary measure; disciplinary procedure; disclosure of evidence; due process; evidence; organisation's duties; procedural flaw; right to reply; staff regulations and rules;
  

  
  
  

• Judgment 2229

  
  95th Session, 2003
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3(a)

  Extract:

  "A transfer of a disciplinary nature must afford the staff member the safeguards available in the case of disciplinary sanctions, that is the right to be heard before the sanction is ordered, with the opportunity for the staff member concerned to participate in the full processing of the evidence and to make all his pleas. It matters little in this respect whether or not transfer is envisaged amongst the disciplinary sanctions set out in the staff regulations. What is decisive is whether the transfer appears to be the consequence of alleged professional shortcomings [...] which may [...] give rise to disciplinary sanctions (see Judgments 1796, 1929 under 7, 1972 under 3 and 4, and the cases cited therein)."

  Reference(s)

  ILOAT Judgment(s): 1796, 1929, 1972
  

  Keywords:

  case law; consequence; disciplinary measure; disclosure of evidence; evidence; formal requirements; misconduct; official; organisation's duties; participation; right to reply; safeguard; staff regulations and rules; transfer;
  

  
  
  

• Judgment 2121

  
  93rd Session, 2002
  Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 9 and 14

  Extract:

  The recommendation of the Personnel Advisory Panel not to renew the complainant's contract was followed. She submits that "at no time was she given a reason for the decision not to renew her appointment. The failure to cite a reason runs counter to principles embodied in a series of Tribunal judgments [...] to state that another body has recommended against renewal, without stating why, is not enough to satisfy the Tribunal that a reason for such non-renewal was given."

  Keywords:

  acceptance; advisory body; case law; complainant; contract; duty to substantiate decision; evidence; general principle; grounds; iloat; non-renewal of contract; recommendation;
  

  
  
  

• Judgment 2116

  
  92nd Session, 2002
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4(a)

  Extract:

  "Misuse of authority may not be presumed and the burden of proof is on the party that pleads it."

  Keywords:

  abuse of power; burden of proof; evidence; misuse of authority;
  

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